Baker & McKenzie

Welcome to the July 2004 issue of the International Litigation and Arbitration Newsletter. This newsletter is an electronic bi-monthly publication distributed by Baker & McKenzie's North American Litigation Practice Group that provides summaries of recent decisions and other points of interest in the area of international litigation and arbitration.

In this edition, we include summaries of the four decisions rendered by the Supreme Court during June on issues of international litigation.

If you have any suggestions for improving the Newsletter, please forward any comments to me by clicking on my email link below.

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Thanks,

David Zaslowsky

Editor

Articles

Our featured article this edition looks at the issue of cultural predictability in international arbitration. It was written by Lawrence W. Newman and David Zaslowsky of our New York office.

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Case Summaries

Alien Tort Claims Act. The Supreme Court interprets narrowly the scope of cases that can be brought under the Alien Tort Statute.
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Antitrust. Supreme Court holds that the Foreign Trade Antitrust Improvements Act of 1982 ("FTAIA") prohibits claim.
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Arbitration Agreements. Contract terms unreasonably favorable to the drafter of an adhesion contract were unconscionable, but may be severable.
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Arbitration - Enforcement of Award. Court enforces New York Convention award that was annulled by a foreign court of secondary jurisdiction.
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Arbitration - Enforcement of Award. Second Circuit reversed district court's refusal to enforce award against Russian government.
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Arbitration - Staying Litigation. Court applied anti-suit analysis in deciding not to prevent a party from litigating a suit that was the subject of ongoing arbitration.
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Arbitration - Stay of Proceedings. Eleventh Circuit holds that litigation should be stayed pending a non-frivolous appeal of a denial of a motion to compel arbitration proceedings.
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Arbitration - Vacating of Award. New Jersey state court vacates award because it was not rendered in time.
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Foreign Sovereign Immunities Act. Supreme Court holds that the FSIA can be applied retroactively.
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Forum Non Conveniens. Court dismissed Venezuelan plaintiff's case against Ford arising out of accident in Venezuela.
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Hague Service Convention. Southern District of New York upholds default judgment against French defendant despite plaintiff's failure to comply strictly with certain requirements under the Hague Service Convention.
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Indispensable Party. The Seventh Circuit holds that a wholly-owned foreign subsidiary was not an indispensable party.
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NAFTA. District court held that alleged NAFTA violations could not be heard in court.
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Personal Jurisdiction. Case dismissed for lack of personal jurisdiction and on grounds of forum non coveniens.
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Personal Jurisdiction. Court finds personal jurisdiction under Virgin Islands' long arm statute.
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Personal Jurisdiction. New York state court dismissed claim against hotel for lack of personal jurisdiction.
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Political Question Doctrine. District Court for the District of Columbia dismissed a case brought by the estate and children of a Chilean general based on the alleged involvement of high-level United States officials in his death in a failed kidnapping attempt.
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Section 1782. Supreme Court interprets broadly the international discovery statute.
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